SMITH v. FLANNERY


383 Pa. 526 (1956)

Smith, Appellant, v. Flannery.

Supreme Court of Pennsylvania.

January 4, 1956.


Attorney(s) appearing for the Case

John V. Lovitt, with him Charles L. Ford and Beechwood & Lovitt, for appellants.

Michael A. Foley, with him Morris Passon, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, January 4, 1956:

In this case of a right angle collision between two automobiles the question as to who was responsible for the happening of the accident was solely for the jury, and the court should have left it, in whole and not merely in part, to that tribunal for determination.

The accident occurred in the early afternoon of September 2, 1953, at the intersection of 61st Street and Cobbs Creek Parkway in Philadelphia...

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